Investors – E-2

This category is for persons from countries that have a treaty of friendship, commerce, or navigation with the United States, who are directing and developing a business in the United States, in which they have invested a substantial amount of capital, and/or essential supervisory personnel in such a business, even if they are not an investor.

The investment must be “substantial”, which is determined by the type of business involved, and the investment must effectively create employment opportunities for Americans. At least 50% of the ownership of the company must be by a treaty country. The investment must also be “at risk”, that is, the investment must be made with the investor’s personal funds or secured by personal assets. In a start-up business, an “at risk” situation can be achieved through the use of a properly drafted escrow agreement.

The applicant is not required to show that s/he is going to be in the United States for any specific period of time, as long as the intention of the party is to stay in the United States for some temporary period, rather than a permanent period. This category is unavailable for nationals of countries that do not have a treaty with the United States. Also, the investor capital must be risk capital.

Applications for Canadian citizens, permanent residents who are citizens of treaty countries, or temporary residents such as those with Canadian work permits valid for more than six months, can be filed with the U.S. Consulate in Toronto. The place of filing for others is dependent upon nationality. A personal interview will ultimately be required at the completion of the paper screening process.

An investor application can be complex, and it is vital that the appropriate documentation be placed before the consular officer. We can consult with you to determine whether this is the appropriate type of application, and prepare complete application materials and submissions for the Consulate. In addition, we can assist you in preparing for the interview and accompany you.

Speak to an immigration professional at Mamann, Sandaluk & Kingwell LLP about your US business immigration needs, and they can help you develop a customized immigration strategy tailored for your specific investment circumstances and US visa needs!

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